Safe Haven for Newborns Act
Department of Human Services Responsibilities
Introduction
/ The Safe Haven Act requires the Iowa Department of Human Services (DHS) to assume the care, control and custody of an infant from the individual on duty at a hospital or health care facility where physical custody of the infant was relinquished.Role of the Department
/ The Safe Haven Act requires DHS to comply with the following steps.Step / Action
1 / The hospital or health care facility notifies DHS they have taken physical custody of an infant by calling the Child Abuse Hotline at 1-800-362-2178.
2 / Hotline personnel will immediately notify a child protective worker of the situation.
If…. / Then….
The call is received during regular office hours. / The child protective worker should notify the foster care service unit in the county where the Safe Haven is located and direct them to locate a foster home for the infant.
The call is received after hours. / Local protocol for placement of children after hours should be followed.
3 / DHS must:
- Immediately notify the Juvenile Court and the County Attorney of the action taken and the circumstances surrounding the action.
- Request an Ex Parte Order from the Juvenile Court ordering DHS to take custody of the infant in accordance with the requirements of Iowa Code section 232.78.
4 / Upon receiving the order, DHS shall take physical custody of the infant.
5 / DHS must seek a medical determination that the infant is healthy and able to be placed in a home setting.
If… / Then…
The infant has not been examined by a medical professional at the Safe Haven. / The infant should receive a medical exam prior to placement in a foster care setting.
6 / Within 24 hours of taking custody of the infant, DHS must notify the Juvenile Court and County Attorney in the county where the infant was relinquished in writing of:
- The action taken by DHS.
- The circumstances surrounding the action.
Role of the County Attorney
/ Upon written notification the County Attorney will:Step / Action
1 / File a Child in Need of Assistance (CINA) petition and a petition for Termination of Parental Rights with respect to the infant in accordance with Iowa Code section 232.111(2)(a).
2 / A hearing on the CINA petition filed pursuant to this subsection shall be held at the earliest practicable time.
3 / A hearing on the Termination of Parental Rights petition shall be held no later than thirty days after the day the physical custody of the infant was relinquished unless the Juvenile Court continues the hearing beyond the thirty days for good cause.
4 / Notice of a petition shall be provided to:
- Any known parent.
- Person authorized to relinquish custody of the infant.
- The employee of the Safe Haven who took custody of the child.
- Any putative father registered with the state registry.
- Others in accordance with the provisions of 2001 Iowa Acts, SF 355.
5 / If there is any reason to believe the infant may be a Native American, the appropriate officials should also be notified pursuant to the federal Indian Child Welfare Act, 25 U.S.C. §§ 1905-1963.
6 / Prior to holding a Termination of Parental Rights hearing, notice shall be provided as described in Iowa Code section 600A.6, subsection 5.
7 / Reasonable efforts that are made in regard to the infant shall be limited to the efforts made in a timely manner to finalize a permanency plan.
8/6/01